Under which of the following provisions of the Code of Civil Procedure, 1908 an ex-parte order and…
Order IX rule 7 allows a defendant, on showing good cause at the applicable adjourned-hearing stage, to be heard as if present when the court earlier proceeded ex parte.…
Choose your answer
Under which of the following provisions of the Code of Civil Procedure, 1908 an ex-parte order and ex-parte decree may be set aside?
Answer and explanation
Correct answer C
Order IX rule 7 allows a defendant, on showing good cause at the applicable adjourned-hearing stage, to be heard as if present when the court earlier proceeded ex parte. Once an ex-parte decree is passed, Order IX rule 13 supplies the remedy based on non-service or sufficient cause, subject to its provisos. The two stages are distinct.
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